Mitchell v. Kirk, 20 F.3d 936 (8th Cir. 1994). · Go Syfert
Mitchell v. Kirk, 20 F.3d 936 (8th Cir. 1994). Cases Citing This Book View Copy Cite
30 citation events (17 in the last 25 years) across 15 distinct courts.
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Cited for
At page 937 Reversing verdicts for judicial bias or partiality13 citing cases“only if the record discloses the judge was actually biased or the judge’s remarks projected the appearance of advocacy or partiality”3 citing courts quote it · 10 listed here
  • Russell v. Anderson, No. 4:17-cv-03085 (D. Neb. July 25, 2019).
    Mitchell v. Kirk, 20 F.3d 936, 937 (8th Cir. 1994) (citing Harris v. Steelweld Equip.
  • Farmers Coop. Co. v. Senske & Son Transfer Co., 572 F.3d 492 (8th Cir. 2009).published 2 cites
    “actually biased or the judge’s remarks projected the appearance of advocacy or partiality”
  • United States v. Roberts, 64 F. App'x 473 (6th Cir. 2003).unpublished
    “only if the record discloses that the judge was actually biased or the judge’s remarks projected the appearance of advocacy or partiality”
  • Swans v. City of Lansing, 65 F. Supp. 2d 625 (W.D. Mich. 1998).published
    “only if the record discloses the judge was actually biased or the judge’s remarks projected the appearance of advocacy or partiality”
  • Diane BUCHANNA v. DIEHL Mach., INC., 98 F.3d 366 (8th Cir. 1996).published 3 cites
    Mitchell v. Kirk, 20 F.3d 936, 937 (8th Cir.1994).
  • David A. Kostelec v. State Farm Fire & Cas. Co., 64 F.3d 1220 (8th Cir. 1995).published
    Mitchell v. Kirk, 20 F.3d 936, 937 (8th Cir.1994).
  • David Russell v. Edward Anderson, 966 F.3d 711 (8th Cir. 2020).published
    See Mitchell v. Kirk, 20 F.3d 936, 937 (8th Cir. 1994) (per curiam) (reviewing for plain error an unpreserved claim of judicial bias by comments at trial).
  • United States v. David Middleton, 246 F.3d 825 (6th Cir. 2001).published
    See Mitchell v. Kirk, 20 F.3d 936, 937 (8th Cir.1994). 2.
  • Logue v. Dore, 103 F.3d 1040 (1st Cir. 1997).published 2 cites
    See Mitchell v. Kirk, 20 F.3d 936, 937-38 (8th ___ ________ ____ Cir. 1994); see also Liteky, 510 U.S. at 555-56 (explaining that ___ ____ ______ routine efforts at court administration by a judge do not evince bias or partiality).
  • Arizona Hall v. William Major, 68 F.3d 478 (8th Cir. 1995).unpublished
    See Mitchell v. Kirk, 20 F.3d 936, 937 (8th Cir.1994) (per curiam); Harris v. Steelweld Equip.
At page 938 Defining constitutional rights regarding prison employment11 citing casesholding that the state's decision to provide only non-interest bearing accounts to its prisoners was based on a legitimate penological objective, while not reaching the question whether prisoners had a property right in the interest generated1 citing court put it this way · 10 listed here · 1 cautionary
  • Chalmers v. Winston, 95 F. Supp. 2d 536 (E.D. Va. 2000).published Cited "but see"
    (holding that the state's decision to provide only non-interest bearing accounts to its prisoners was based on a legitimate penological objective, while not reaching the question whether prisoners had a property right in…)
  • Vazquez Marin, Jose v. D De Correccion Y Rehabilitacion, No. KLRA202300556 (Nov. 16, 2023).published
    Véase, también, KLRA202300556 5 Lomholt v. Holder, 287 F.3d 683 (8vo Cir. 2002) (per curiam) (citando a Mitchell v. Kirk, 20 F3d 936, 938 (8vo Cir. 1994) (per curiam)).
  • Vargas v. Minor, No. 2:19-cv-00084 (E.D. Mo. May 11, 2020).
    See also Lomholt v. Holder, 287 F.3d 683, 684 (2002) (stating that inmate “had no constitutional right to a particular prison job”); Mitchell v. Kirk, 20 F.3d 936, 938 (8th Cir. 1994) (same); and Flittie v. Solem, 827 F.2d 276, 279 (8th Ci…
  • Siegler v. Sorrento Therapeutics, Inc., No. 3:18-cv-01681 (S.D. Cal. Dec. 17, 2019).
    “deep- 18 seated and unequivocal antagonism that rendered a fair judgment impossible”
  • Hoskins, James v. TCF Nat'l Bank, 248 F. App'x 742 (7th Cir. 2007).unpublished
    Servs., Inc., 311 F.3d 851, 852-53 (7th Cir.2002); Mitchell v. Kirk, 20 F.3d 936, 938 (8th Cir.1994).
  • Mark Edward Lomholt, Sr. v. Captain Holder Michael Ryan, 287 F.3d 683 (8th Cir. 2002).published 2 cites
    Last, we conclude that his claim of denial of access to the press was too vague to state a claim, see Martin v. Sargent, 780 F.2d 1334, 1337 (8th Cir. 1985), and he had no constitutional right to a particular prison job, see Mitchell v. Ki…
  • Lokmar Y. Abdul-Wadood, 2 v. Evan Bayh, 85 F.3d 631 (7th Cir. 1996).unpublished
    (Assuming Mitchell has a constitutional right to earn interest on his prison bank account, the Missouri prison regulations prohibiting individual interest-bearing accounts are related to valid penological purposes and d…)
  • In re Peter Larson, in Re Neal Larson Robert Farrar Black Hills Inst. of Geological Rsch. Terry Wentz Edwin Allen Cole Jun Shimizu, 43 F.3d 410 (8th Cir. 1994).published 2 cites
    Rather, Petitioners are entitled to recusal only if the remarks “reveal such a high degree of favoritism or antagonism as to make fair judgment impossible.” Liteky , —U.S. at —, 114 S.Ct. at 1157 ; Mitchell v. Kirk, 20 F.3d 936, 938 (8th C…
  • Harris v. Ball, No. 6:21-cv-06157 (W.D. Ark. Apr. 19, 2022).
    See Mitchell v. Kirk, 20 F.3d 936, 938 (8th Cir. 1994) (per curiam) (stating that the plaintiff prisoner “has no constitutional right to a particular prison job”).
  • Munt v. Schnell, No. 0:19-cv-01142 (D. Minn. July 31, 2020).
    See, e.g., Lomholt v. Holder, 287 F.3d 683, 684 (8th Cir. 2002) (citing Mitchell v. Kirk, 20 F.3d 936, 938 (8th Cir. 19 Munt suggests that the Eighth Circuit could revisit its conclusion that prisoners are not a suspect class.
At page 936 “only if the record discloses the judge was actually biased or the judge's remarks projected the appearance of advocacy or partiality.”1 citing case2 citing courts quote it
  • Dinan v. SanDisk LLC, No. 5:18-cv-05420, 2020 WL 364277 (N.D. Cal. Jan. 22, 2020).
    Ebner, 838 F.3d at 966 ; see Williams, 552 20 F.3d at 936, 939. 21 As relevant here, however, the Ninth Circuit has clarified that Williams and its progeny 22 speak only to situations in which the defendant has actually committed an act of…
Carlton Wayne MITCHELL
v.
Jack KIRK Jerome Weiler Vivian Watts Dick Moore George Lombardi Bill Armontrout William L. Rutledge Larry Henson Robert Acree Tom Davis, Captain Burris, Captain Holtmeyer, Lt. Vance, Lt. Richard Childs Roy Heyer, Lt. Michael CO I Dixon Walter Richter, Sgt. Cavanaugh, Sgt. Jack Dreyer, Sgt. C. Davis, Sgt. CO I Rex John Doe, CO I CO I Finley Seabrooks, CO I Medlock, CO I Randy Ray, CO I Floyd George Gerald Bommell Mark Schreiber Oscar Dunbar Daniel Kempker David Webster Randall Mobley Clifton S. Bowen G. Jobe M.A. Counterman David Kormann Gail Hughes Donald Gerling Leible Exchange National Bank The Central Trust Bank Don Perdue Don Campbell Charles Dudenhoeffer, Jr. Joseph Driskill
No. 92-2202.
Court of Appeals for the Eighth Circuit.
Apr 7, 1994.
Published opinion
20 F.3d 936
1994 U.S. App. LEXIS 6519
Martin Warhurst, Kansas City, MO, argued, for appellant., Bruce Farmer, Asst. Atty. Gen., Jefferson City, MO, argued, for appellee.
Fagg, Gibson, McMillian.
Cited by 25 opinions  |  Published
PER CURIAM.

Missouri inmate Carlton Wayne Mitchell brought this 42 U.S.C. § 1983 action against various prison officials ánd guards, two banks, three bank employees, and a state legislator. The district court ordered a trial on Mitchell’s claim that prison guards subjected him to excessive force, but dismissed Mitchell’s remaining claims. Mitchell tried his excessive force claim pro se and a jury returned a verdict for the prison guards. Mitchell appeals and we affirm.

Mitchell contends the district judge’s conduct and remarks during the trial expressed judicial bias against Mitchell, depriving him of a fair trial. Because Mitchell failed to object to the judge’s comments at trial, we review for plain error. Harris v. Steelweld Equip. Co., Inc., 869 F.2d 396, 402 & n. 6 (8th Cir.), cert. denied, 493 U.S. 817, 110 S.Ct. 70, 107 L.Ed.2d 37 (1989). Even if Mitchell had preserved his claim of excessive judicial intervention, we will reverse only if the record discloses the judge was actually biased or the judge’s remarks projected the appearance of advocacy or partiality. Czajka v. Black, 901 F.2d 1484, 1486 (8th Cir.1990). After carefully reviewing the record, we conclude the district judge did not display bias, advocacy, or partiality during the trial. Although the judge and Mitchell engaged in several heated exchanges in front of the jury, the judge’s challenged remarks dealt with Mitchell’s presentation of his case and Mitchell’s courtroom antics. The judge never commented on the merits of Mitchell’s case. Because it is clear the judge was admonishing Mitchell and making the remarks to maintain control over the judicial proceedings and to preserve courtroom decorum, we reject Mitchell’s judicial bias contention. See Harris, 869 F.2d at 401-02 (judge may properly comment on presentation of evidence to exercise control over trial and to conduct trial efficiently); see also Deary v. City of Glou[*938] cester, 9 F.3d 191, 194-95 (1st Cir.1993) (friction between court and counsel did not deprive party of fair trial).

We also conclude the judge did not abuse his discretion in refusing Mitchell’s recusal motion under 28 U.S.C. § 455(a) (1988). See Pope v. Federal Express Corp., 974 F.2d 982, 985 (8th Cir.1992) (standard of review). Because the judge’s challenged remarks were made in response to events occurring in the course of trial, and not because of an extrajudicial source, we will only find a basis for disqualification if the judge displayed deep-seated and unequivocal antagonism that rendered a fair judgment impossible. Liteky v. United States, — U.S. -, -, 114 S.Ct. 1147, 1157-58, 127 L.Ed.2d 474 (1994). Here, the record does not reveal that the judge’s comments displayed a level of antagonism rendering a fair judgment impossible. “[Jjudicial remarks during the course of a trial that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases, ordinarily do not support a bias or partiality challenge.” Id. at -, 114 S.Ct. at 1157.

Mitchell next contends the district court committed error in dismissing his claims that prison officials, the banks, and the bank employees violated his right to earn interest on his prison bank account by keeping his prison income in a noninterest-bearing account. We disagree. Assuming Mitchell has a constitutional right to earn interest on his prison bank account, the Missouri prison regulations prohibiting individual interest-bearing accounts are related to valid penological purposes and do not violate the right. Foster v. Hughes, 979 F.2d 130, 132-33 (8th Cir.1992). Thus, the district court properly dismissed Mitchell’s claim against the Missouri prison officials. In addition, the district court properly dismissed the banks and the bank employees because in merely agreeing to open a noninterest-bearing inmate account, these private parties were not acting under color of state law for purposes of § 1983. See Mershon v. Beasley, 994 F.2d 449, 451 (8th Cir.1993) (private party must willfully participate in joint action with state to be held liable under § 1983), cert. denied, - U.S. -, 114 S.Ct. 1055, 127 L.Ed.2d 376 (1994).

Finally, Mitchell contends the district court committed error in dismissing his claim against a state legislator. Mitchell asserted that the legislator wrote a letter to prison officials questioning another prisoner’s privileges and, as a result, Mitchell lost his-prison job. Mitchell has no constitutional right to a particular prison job, however. Flittie v. Solem, 827 F.2d 276, 279 (8th Cir.1987) (per curiam). Further, because writing a letter that inquires about a state prison’s operations is an appropriate legislative function, the state legislator is entitled to absolute immunity. See Brown v. Griesenauer, 970 F.2d 431, 435-36 (8th Cir.1992). Thus, the district court properly dismissed Mitchell’s prison job claim.

Accordingly, we affirm.